prepaid terms and conditions

Digicel (Trinidad & Tobago) Limited

Prepaid Terms and Conditions

1. Agreement These terms and conditions shall govern the relationship between Digicel (Trinidad & Tobago) Limited (“Digicel”, "we", "us" "our", "the company") and the user ("you", "your" "the customer") of mobile telephone service over our mobile telecommunications network (“Network” and "Service(s)" or "Digicel Mobile Service" respectively) and shall constitute legal and binding obligations on the parties upon purchase of your Digicel authorised prepaid handset (“Digicel handset”, “Digicel phone”, “Digicel prepaid phone”, “phone”, “handset”) purchased from us and containing a Subscriber Identity Module Card (“SIM Card”) belonging to Digicel. Your registration form shall form part of these Terms and Conditions. These Terms and Conditions annul all prior understandings between you and us. By using the Service you have agreed to these Terms and Conditions. To the extent permitted by law, we reserve the right to amend or unilaterally change any of Digicel Mobile Service products and/or Digicel Mobile Service services and/or these Terms and Conditions subject to notifying you of such amendments. Such notification may be by way of advertisement in the national media and/or our website and/or SMS. If the Service is used after notice of amendment, then it shall be deemed accepted. These Terms and Conditions are governed by the Laws of Trinidad and Tobago.

2. Warranty Policy All Digicel supplied handsets are covered under a twelve months manufacturer's warranty against production defects. The manufacturer’s warranty is limited to the repair of the defect or replacement of the defective part or, at the manufacturer's service centre sole discretion the replacement of the handset. The manufacturer’s warranty is applicable only to defects in material, design and workmanship. The manufacturer’s warranty does not apply to normal wear and tear of the handset or to the repair or replacement of batteries. The manufacturer's service centre may in it's sole discretion replace batteries deemed to be faulty within six months of purchase. The warranty is voided if there is evidence of unauthorised repairs or modification to the handset or tampering with the serial number. The warranty is also voided if there is evidence of physical damage, improper storage, misuse, abuse or neglect of the handset including but not limited to exposure to moisture or liquid, excessive heat or use of parts, accessories or software not approved or supplied by Digicel.

Repair or replacement under the terms of the manufacturer’s warranty does not provide the right to extension or renewal of the warranty period. Customers should refer to the handset manual for guidelines on proper use and storage of handsets. Full details on the repairs process may be obtained by contacting any Digicel Dealer Store or Customer Care.

3. Information Disclosure We reserve the right to refuse any request for account information where we are unable to verify that the requester is in fact the account holder, authorised contact or user of the account. We may however, disclose any information about you and your accounts:

· to any authorised personnel or third party;

· if we, in our discretion, deem such disclosure necessary or desirable;

· pursuant to legal process or subpoena;

· if disclosure is necessary to protect our interests.

By using the Service you consent to and authorise any such disclosure. We shall not become liable by reason of the giving of such information or of it being inaccurate or incomplete. Any enquiries or changes to your phone account can only occur once you have registered with us by completing and submitting a registration card.

4. Provision of Service Our Services are provided by radio transmission and are therefore available only within the range of our Network’s base stations. Both quality and availability of our Services are affected by radio interference due to physical obstruction, atmospheric conditions and by technical faults or other defects in the Network. The provision of Service is currently operational on the Network only. It is not possible to use your Digicel prepaid handset on another GSM network (unless roaming with Digicel).

5. Service Charges Our tariffs for the Service, as amended from time to time, also form part of the Agreement. We reserve the right to alter such tariffs and will notify the customer of such a change by notice in writing and/or via national media and/or via our website and/or via SMS.

6. Digicel Mobile Numbers We reserve the right at any time to alter or replace a mobile number allocated to you or any other name, code or number whatsoever associated with our Service.

8. Roaming The roaming service is automatically enabled on your Digicel handset once your handset is roaming capable. You will only be able to make and receive calls while abroad once Digicel has a roaming agreement with a network in the country in which you are roaming.

9. Using your Account As you make calls or send messages from your prepaid phone, charges are incurred and will be deducted from your account. You can get your account balance by dialing the Fast Balance code from your mobile phone. If you make a call and your credit expires during the call, the call will be terminated.

10. Topping Up Your Account You may add value to your account at any time by using prepaid top up vouchers. Each top up voucher is valid for One Hundred and Eighty Days from the date of purchase. Once you purchase a new top up voucher, the new expiry date on your account will be the higher of the vouchers loaded on your account. Based on circumstance, your account will go through the Prepaid Subscriber Life Cycle that consists of 4 different states:

State 1: Active – The SIM Card is valid for a period of thirty (30) days from the date of activation, that is once you have made or received your first call. You must top up your account before the expiration of the thirty (30) day period to maintain an active state.

State 2: Inactive – Your phone becomes inactive when there is zero money in your account. In this state, you can receive calls but you cannot make paid calls. You can only call emergency numbers, toll free numbers and Customer Care as well as your fast top up number to top up your account, which will move you back into the active state. When your voucher time expires, you move into the Deactive State.

State 3: Deactive – Your account moves into this state when the time on your voucher has expired. This can occur even with money in the account. When you become deactive, you have a maximum of 60 days before you move into the expired state. You can also receive calls, however you cannot make paid calls. You can only call emergency numbers, toll free numbers and Customer Care as well as your fast top up number to top up your account. You will lose any credit that was on your account before you became deactive.

State 4: Expired – Your account becomes expired if you fail to top up your account before the 30 days given in the deactive state. At this point your account will be terminated and you will be removed from the Network. Your mobile number and any credit on your account will be lost.

11. Reactivation If you wish to regain access to the Network, you will need to purchase a new Digicel Prepaid SIM. You may not transfer any credit balance to a third party and we have no obligation to pay or refund you for the cost of the handset or any credit remaining on your prepaid account.

12. Invoice No invoice, including the provision of periodic or itemised statements of account, or record of calls made and/or received will be sent to you. We are in no way obligated to give you proof of the current state of your prepaid account, how your credit is used or prima facie evidence of the state of your account or of any other matters recorded.

13. SIM Card We claim ownership of all SIM Cards provided for Service to our Network and they must be returned to us, or anyone acting on our behalf, on request. You must not interfere with this SIM Card for any reason. Any SIM Card found to be defective (through no fault of ours), will require payment for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge once returned within the warranty period specified.

14. Handsets All Digicel handsets sold through our authorised dealer channel are network locked. Customers are not permitted to remove, or have a third party remove the lock, without explicit authorisation from us. Full details of the authorisation format and unlocking process are available from Customer Care.

15. Customer Obligations Your handsets and vouchers are your property and therefore your responsibility. You must take every precaution to keep them safe. You have consented to:

· only use Digicel GSM􀀀 recommended equipment and facilities with the Network and comply with laws and regulations governing its use;

· use the Digicel technology on terms specified by us when it is made available;

· immediately report and confirm in writing, if your equipment and/or SIM Card is lost, stolen or damaged. We will replace your SIM Card but there may be a charge;

· comply with all reasonable requests by us, or others on our behalf, particularly in relation to the investigation of fraud or other offences or as required by law or in legal proceedings.

Should we deem it necessary to enforce our rights hereunder in any legal action you will reimburse us for all costs and expenses including reasonable attorney’s fees incurred as a result of such legal action.

16. Equipment & Connection to Network Only equipment that is approved by us shall be used by you to connect to the Service and we may from time to time specify the type of equipment that may be connected to or used by you in respect of the Service. You shall immediately upon demand disconnect any equipment or device from the Network which is not approved or does not comply with our specifications. In no event shall you interfere with any equipment provided to you by us for use with the Service. We accepts no responsibility for the maintenance repair or condition of equipment or devices which are not our property and you will maintain all equipment and devices in good condition which are used or connected to the Service. We will send you information from time to time that is deemed relevant to you. If you do not wish to receive this information you may notify us in writing.

17. Suspension & Termination. This Agreement may be suspended and/or terminated without the need for prior written or verbal communication:

· if you breach any statutory restrictions/regulations/ procedures that govern this Network and Service;

· if you do not comply with and/or breach any of these Terms and Conditions;

· if intermittent checks, modifications and/or maintenance is deemed necessary by the Network;

· if you notify us that your Digicel handset has been lost or stolen;

· if we have reasonable cause to believe that Service was obtained fraudulently or fraudulent or improper use of your handset or SIM Card is taking place against us or a third party;

· if you commit a trespass on the Network or any equipment owned by Digicel;

· if you conspire to defraud the company;

· if you use the SIM card for commercial gain;

· if, in our sole opinion you should do anything which would or is detrimental to the operation of the Network or the company (inclusive but not limited to actions causing congestion);

· if Services rendered to you in our sole opinion may cause the operation of the Network to be jeopardized or impaired, or allow others to do any of the foregoing with your equipment or any act which does not comply with relevant legislation and regulation;

· if we are unable to provide the Services to you;

· if you do anything to avoid or evade our charges;

· if you do anything which in our opinion is intended to or result in the evasion or avoidance of our legitimate charges or defraud us;

· if you do anything which is intended, or results in or likely to bypass the Service. Should your access be interrupted or suspended in any of the circumstances outlined above, we are in no way obligated to provide Service to you. In this event, we reserve the right to levy a fee for reconnection to the Network.

Should you refuse to accept the Terms and Conditions of Service, we reserve the right to refuse to reconnect you.

18. Exclusion of Liability We shall not be held liable for any indirect, or consequential loss (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) suffered by you (or anyone claiming through you) due to any of the following:

· suspension or non-availability of any Service;

· suspension or termination of this Agreement;

· interruption of or failure to connect any call made to or by the equipment;

· interruption of or failure to connect any call due to failure of a third party;

· any call made to or by the equipment being overheard or intercepted by any third party;

· any data/information transmitted to or by the equipment being altered or lost.

We will have no liability to the customer for any claims whatsoever resulting from the inability to provide the Services due to factors beyond our control, including, but not limited to, Acts of God and the State’s enemies, weather events, civil disturbances, industrial action, war, governmental action, force majeure, the act or omission of any other telecommunication carrier, default or failure of a third party. Digicel, its associated or affiliated companies, their respective officers, agents, directors, principals, employees, attorneys, underwriters, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected, (altogether, "claims whatsoever") arising out of or in respect to our equipment and/or any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, or of any emissions or transmissions to, from, by or through our Network and/or equipment. If we offer goods and/or services as agents of any principal providers(s), we will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents. Nothing in this Agreement shall limit our liability for (a) fraud or other criminal act (b) personal injury or death caused by our negligence or (c) any other liability that cannot be limited or excluded by law.

19. Hold Harmless You will indemnify and hold us harmless against the following: All damages or injury caused to our Service and Network as a result of your negligence or failure to abide by your obligations hereunder; all claims arising out of your act or omission in conjunction with the Service provided by us.

20. Unenforceability If any part of this Agreement shall be deemed invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.

21. Customer Information Once you have answered Yes to the relevant question in this Agreement, you agree personal data provided by you to us can be used, analysed and assessed by us and selected third parties for marketing purposes, including amongst other things, to identify and offer you by any means, products, services and offers that we think might interest you. If you do not wish your details to be used in such a manner send an email to Digicel.optout@digicelgroup.com stating your name, address, mobile telephone number and that you wish to opt out of receiving.